Schierenbeck v. Minor
In Schierenbeck v. Minor, 148 Colo. 582, 367 P.2d 333 (1961), the Colorado Supreme Court rejected a sixteen-year-old boy's argument that his third-degree rape by a married, twenty-year-old woman absolved him of liability for the support of the child born thereof.
In discussing the relevance of the criminal statute, the Court stated:
"Certain it is that father's assent to the illicit act does not exclude commission of the statutory crime, but it has nothing to do with assent as relating to progeny. His youth is basic to the crime; it is not a factor in the question of whether he is the father of the child.
"The putative father may be liable in bastardy proceedings for the support and maintenance of his child, even though he is a minor . . . ." If father is adjudged to be the father of the child after a proper hearing and upon sufficient evidence, he should support the child under this fundamental doctrine." Id.